2017 BCSC 2135

In 2017 BCSC 2135, Ms. B appealed her conviction of criminal harassment based on her threatening conduct. Her appeal was granted, her guilty verdict was set aside due to a miscarriage of justice and a new trial was ordered. The appeal judge found that the trial judge had misapprehended evidence related to the conviction.

Ms. B had a short intimate relationship with her male tenant. Following the breakdown of the relationship the complainant found that his tires had been slashed, a false internet dating pro-file had been made of him, and his boat had been damaged. The complainant received a peace bond ordering Ms. B not contact him. He later found a copy of the peace bond, where certain lines were highlighted, including comments he made to the police about his fear that Ms. B was watching him and may have a gun. The complainant said this and the preceding events made him fear for his life and reported it to the police.

Ms. B admitted that she left the documents on the boat, but stated that they were not meant to intimidate or threaten the complainant, but to point out his hypocrisy after finding his boat moored closely to her house after stating he was fearful of her. She denied the other incidents of damaging his property or creating a false dating profile.

On appeal the court found that the trial judge misstated Ms. B’s testimony when it found that Ms. B said she left the documents on the boat with to show she was “still there” and that the only logical inference was that she knew it would be perceived as a threat, which the appellant judge found did not accurately reflect the appellant’s evidence.


Criminal Offence(s): Criminal Harassment